Thanks to the broad scope of the Occupational Safety and Health Act and the federal Hazard Communication standard, defenses invoking federal pre-emption have led to the dismissal of many plaintiffs’ claims alleging failure to warn of chemical hazards in the workplace. Hector Torres of Kasowitz, Benson, Torres & Friedman examines the pre-emption defense and explains why it has allowed employers to defeat most workplace hazard claims, but not quite all.
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Posted on Friday, February 9th, 2007. Filed under: Employment, Law Misc
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